Jump to content
Willy Wilcox

Submitting AOS Application after I-94 Expiration

3 posts in this topic

Recommended Posts

Hey everyone,

 

I'm still confused about submitting the AOS application after the I-94 expiration date.  My wife and I got married within the 90 days but I will be submitting the AOS application after the I-94 expiration date.  I checked about the extension of the I-94.  It appears that K nonimmigrant visa holders are not eligible for I-94 extensions according to this link:

 

https://www.uscis.gov/visit-united-states/extend-your-stay

 

I'm guessing it's because it's a conditional visa.  I hope that that also means that if the condition is met then (assuming AOS is filed fairly soon after the marriage) then the I-94 kind of automatically extends.  I'm under the assumption that the marriage gives her a quasi-status.  Not legal, but not illegal.  It's kind of a gray area, a middle zone.  I would just like a clearer explanation (and more recent experiences if possible) about this situation.  I've seen that up to a year is still alright to file the AOS (I plan on submitting it well before a year) but I've seen other information as well.   Any advice or someone who recently filed after I-94 expiration willing to share their experience?

 

Thanks :)

Share this post


Link to post
Share on other sites
14 minutes ago, Willy Wilcox said:

Hey everyone,

 

I'm still confused about submitting the AOS application after the I-94 expiration date.  My wife and I got married within the 90 days but I will be submitting the AOS application after the I-94 expiration date.  I checked about the extension of the I-94.  It appears that K nonimmigrant visa holders are not eligible for I-94 extensions according to this link:

 

https://www.uscis.gov/visit-united-states/extend-your-stay

 

I'm guessing it's because it's a conditional visa.  I hope that that also means that if the condition is met then (assuming AOS is filed fairly soon after the marriage) then the I-94 kind of automatically extends.  I'm under the assumption that the marriage gives her a quasi-status.  Not legal, but not illegal.  It's kind of a gray area, a middle zone.  I would just like a clearer explanation (and more recent experiences if possible) about this situation.  I've seen that up to a year is still alright to file the AOS (I plan on submitting it well before a year) but I've seen other information as well.   Any advice or someone who recently filed after I-94 expiration willing to share their experience?

 

Thanks :)

The fact that your I-94 is not valid when you file your petition does not matter at all, but it's not recommended to wait long to file your AOS because if you do not have a pending application you're subjected to deportation at any time after the expiration of your I-94, the visa and the marriage it self do not grant you the right to stay in US. I personally think that you should file for AOS ASAP! If something happen and they try to deport you you'll have to spend a ton of money with lawyers to void deportation and later on AOS anyway.

Good luck!

Share this post


Link to post
Share on other sites

The I-94 expires and that is it. It does not get extended due to marriage.
You can apply for AOS at any point after marriage. Some people do not file for years, but it is recommended that you do it as soon as possible to avoid potential removal proceedings if there is a run in with ICE and the legal troubles it could cause, and also so that the immigrant can have legal status and have the right to work and travel.

I would say the quasi-status, gray area you are talking about happens after you have filed for AOS and are waiting for permanent resident status, when you are 'in a period of authorized stay'.

I applied for AOS after my I-94 expired and it never came up.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×